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AEGIS European Conference on African Studies

11 - 14 July 2007
African Studies Centre, Leiden, The Netherlands


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Land disputes and local conflict resolution mechanisms in Burundi

Panel 36. Between customs and state law: The dynamics of local law in sub-Saharan Africa
Paper ID85
Author(s) Leeuwen, Mathijs van
Paper View paper (PDF)
AbstractAfter the elections and hence the end of the transition period in Burundi, it may be expected that most refugees still staying in neighbouring countries, as well as numerous displaced will soon return home. To many international and local organizations, the resolution of the land disputes that accompany their return may be decisive for their successful reintegration and the maintenance of the fragile peace. On the basis of research in four communities, the paper highlights the diversity in nature and origins of current land disputes in Burundi, as well as the particularities of conflicts related to return of refugees and displaced. Though the return of refugees is an important factor in disputes about land in Burundi, the research emphasises the importance of other types of land disputes for the stability of people’s livelihoods and community relations, with particular groups of people especially being vulnerable to disputes about land. The paper discusses three local institutions for resolution used in the communities: the customary system of the Bashingantahe, the Commissions Justice & Paix of the Catholic Church and the juridical system of the state. It looks into their capacities to deal with communal land conflicts, the considerations different systems use, and their legitimacy in the eyes of the community members. On the basis of these findings, the dilemmas of further formalization of traditional conflict resolution institutions are discussed, and some implications are outlined for NGOs and churches that aim to strengthen local and ‘official’ conflict resolution mechanisms.